Prior Posts – Arbitration
The Vanishing Trial
Before you commit yourself to becoming a litigator, you might consider that the number of trials in the U.S. has been decreasing (and lawyers in the senior chair are not retiring). For a recent discussion, see
http://contractslawinaction.law.miami.edu/wp-content/uploads/2024/02/24vanishing-trial.pdf
Arbitration
I was debating someone on legal regulation of contracts and I wound up arguing that the arbitration clauses seem to interfere with individual’s rights to trial, especially when included in the box.
Isn’t this a sneaky deprivation of due process?
Good question. Sounds like a great question for your civ pro or con law professors. Glad you are focussing on due process. You know it is highly relevant outside the judicial and quasi-judicial process. In business, individuals feeling that they are not being treated with due process by other businesspeople produces negative consequences for the ill-treater.
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for a source on the decline of civil trials in America, see Galanter
for a source on the decline in Florida specifically, see Florida Bar
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Professor,
Below is a link to an article in the Times apropos of our class discussions over the last couple of weeks.